Legal Question in Landlord & Tenant Law in Illinois
not receiving my deposit
How do i go about getting my security deposit now that i've moved three months ago and i keep calling the landlord and he keeps telling me that he's gonna put the check in the mail on a certain day and i haven't received it yet and it's been since Januay 4th, 2007 since i moved away?
4 Answers from Attorneys
Re: not receiving my deposit
If your question applies to Illinois law, I can't answer. Generally, state law requires that the landlord provide an accounting within a certain time period and then remit the remainder to the tenant.
In this case, because the landlord hasn't sent you the check, your only recourse might be to file a small claims action. I had to do that for myself many years ago. The landlord felt it prudent to pay me before the trial, rather than get slammed by the judge in court.
Re: not receiving my deposit
In Illinois, you can sue and get more than your deposit plus interest plus attorney's fees.
Re: not receiving my deposit
First, look up your local ordinance that applies to residential rental property and find the section that applies to returning security deposits. Also find out how much you are entitled to in damages for failing to return the deposit (in many places, it's twice the amount of the deposit). Send a demand letter to your landlord citing the section of the ordinance that you're referencing (the one that says you must get your security deposit back within X number of days), ask for an accounting with respect to any alleged damages caused by you, and let the landlord know that if you do not receive a check for the deposit by a specific date, you will have to bring an action against him/her in court and that if you prevail, you will be entitled to whatever your local ordinance says you can get in these situations. Usually a well-stated letter is effective enough to get a deposit returned.
Good luck.
Re: not receiving my deposit
Small claims court. File at 250 E. Main, El Cajon, CA.